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(영문) 제주지방법원 2014.10.31 2014고단1271
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At Jeju District Court on November 5, 2007, the Defendant received a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a summary order of KRW 1.5 million for the same crime in the above court on May 12, 2010.

On August 18, 2014, the Defendant was under the influence of alcohol with 0.176% of blood alcohol concentration around 06:45 on August 18, 2014, and driven a furn truck B from approximately 3km to the original intersection in Seopo-si, Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act; Selection of imprisonment;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act), taking into account the following circumstances: The recognition of facts of crime and reflects on the recognition of facts of crime, and circumstances unfavorable to the absence of any other criminal record: The fact that blood alcohol content is considerably high: It is so decided as per Disposition for reasons such as circumstances of crime, circumstances after crime, and occupation of the defendant:

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